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  5. 36 N.Y.2d 53 (1974)
 

MTR. OLIVER v. JUSTICES, N. Y. SUP. CT.

36 N.Y.2d 53 (1974)

In the Matter of Charles Oliver, Appellant, v. Justices of the New York Supreme Court of New York County et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1974.

Attorney(s) appearing for the Case

William Leibovitz for appellant.

Richard H. Kuh, District Attorney (Anthony J. Girese and Lewis R. Friedman of counsel), pro se, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in Per Curiam opinion.

Per Curiam.

In this article 78 proceeding, appellant Charles Oliver (Oliver) requests that the respondents be prohibited from prosecuting him under a pending indictment charging him with murder. A prior trial on this charge ended with the trial court's declaration of a mistrial based on a hung jury. Oliver argues first that, in effect, there was a jury verdict of acquittal; and second, that the court's declaration of...

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